An admissibility hearing can be held in order to decide if you are allowed to come into or stay in Canada, if you are a permanent resident or a foreign national. Admissibility hearings can be started for these reasons:
- criminal convictions
- human or international rights violations
- risk to security in Canada
- health reasons (in some cases)
- financial reasons (in some cases)
- misrepresentation or not being truthful in immigration applications
- failure to comply with the Immigration and Refugee Protection Act (IRPA)
Admissibility hearings are held by the Immigration Division (ID) of the Immigration and Refugee Board (IRB).
Admissibility Appeals
Some foreign nationals with permanent resident visas, some permanent residents and some protected persons who have had removal orders issued against them at an examination or admissibility hearing can appeal to the IRB’s Immigration Appeal Division. Those who cannot appeal removal orders are foreign nationals, permanent residents and protected persons who are found inadmissible because they:
- are security threats;
- have violated human or international rights;
- received a sentence of at least two years for criminal activity;
- are or have been involved in organized crime; or
- have made a misrepresentation, except in cases where the person is the sponsor’s spouse, common- law partner or child.
An appeal can be launched by the person who was ordered to be removed by CBSA on behalf of the Minister of Public Safety and Emergency Preparedness. The IAD can stay removal orders but is required to impose mandatory conditions of the stay.
Rajpal Singh Hothi, who is a member in good standing with the Immigration Consultants of Canada Regulatory Council (ICCRC) and Law Society of Ontario (LSO) as a P1 Licensee. Being a Regulated Canadian Immigration Consultant (RCIC), he is authorized to consult, advise, and represent the clients in respect of a proceeding or application before the Minister responsible for the administration of Immigration & Refugee Protection Act (IRPA), a Visa Officer, or the Immigration and Refugee Board for the purposes of Immigration and Citizenship matters.
